(By Delegate Schoen)
[Introduced March 25, 2005; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact §60A-1-101 of the Code of West
Virginia, 1931, as amended, relating to controlled substances
generally; and deleting certain language involving controlled
substances which excludes compounding by an individual for his
or her own use from the definition of "manufacture."

Be it enacted by the Legislature of West Virginia:
That §60A-1-101 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:

ARTICLE 1. DEFINITIONS.

§60A-1-101. Definitions.
As used in this chapteract:
(a) "Administer" means the direct application of a controlled
substance whether by injection, inhalation, ingestion, or any other
means, to the body of a patient or research subject by:
(1) A practitioner (or, in his or her presence, by his or her
authorized agent), or
(2) The patient or research subject at the direction and in the presence of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of
or at the direction of a manufacturer, distributor or dispenser.
It does not include a common or contract carrier, public
warehouseman, or employee of the carrier or warehouseman.
(c) "Bureau" means the "Bureau of Narcotics and Dangerous
Drugs, United States Department of Justice," or its successor
agency.
(d) "Controlled substance" means a drug, substance or
immediate precursor in Schedules I through V of article two.
(e) "Counterfeit substance" means a controlled substance
which, or the container or labeling of which, without
authorization, bears the trademark, trade name, or other
identifying mark, imprint, number or device, or any likeness
thereof, of a manufacturer, distributor or dispenser other than the
person who in fact manufactured, distributed or dispensed the
substance.
(f) "Imitation controlled substance" means: (1) A controlled
substance which is falsely represented to be a different controlled
substance; or (2) a drug or substance which is not a controlled
substance but which is falsely represented to be a controlled
substance; or (3) a controlled substance or other drug or substance
or a combination thereof which is shaped, sized, colored, marked,
imprinted, numbered, labeled, packaged, distributed or priced so as
to cause a reasonable person to believe that it is a controlled
substance.
(g) "Deliver" or "delivery" means the actual, constructive, or
attempted transfer from one person to another of: (1) A controlled
substance; whether or not there is an agency relationship, (2) a
counterfeit substance; or (3) an imitation controlled substance.
(h) "Dispense" means to deliver a controlled substance to an
ultimate user or research subject by or pursuant to the lawful
order of a practitioner, including the prescribing, administering,
packaging, labeling, or compounding necessary to prepare the
substance for that delivery.
(i) "Dispenser" means a practitioner who dispenses.
(j) "Distribute" means to deliver, other than by administering
or dispensing, a controlled substance, a counterfeit substance, or
an imitation controlled substance.
(k) "Distributor" means: a person who distributes.
(l) "Drug" means: (1) Substances recognized as drugs in the
official "United States Pharmacopoeia, official Homeopathic
Pharmacopoeia of the United States, or official National
Formulary," or any supplement to any of them; (2) substances
intended for use in the diagnosis, cure, mitigation, treatment or
prevention of disease in man or animals; (3) substances (other than
food) intended to affect the structure or any function of the body
of man or animals; and (4) substances intended for use as a
component of any article specified in clause (1), (2) or (3) of
this subdivision. It does not include devices or their components,
parts or accessories.
(m) "Immediate precursor" means a substance which the "West Virginia Board of Pharmacy" (hereinafter in this actchapter
referred to as the state board of pharmacy) has found to be and by
rule designates as being the principal compound commonly used or
produced primarily for use, and which is an immediate chemical
intermediary used or likely to be used in the manufacture of a
controlled substance, the control of which is necessary to prevent,
curtail or limit manufacture.
(n) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a controlled
substance, either directly or indirectly or by extraction from
substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of the
substance or labeling or relabeling of its container, except that
this term does not include the preparation or compounding of a
controlled substance by an individual for his own use or the
preparation, compounding, packaging or labeling of a controlled
substance:
(1) By a practitioner as an incident to his or her
administering or dispensing of a controlled substance in the course
of his or her professional practice, or
(2) By a practitioner, or by his or her authorized agent under
his or her supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis and not for sale.
(o) "Marihuana" means all parts of the plant "Cannabis sativa
L.," whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or
resin. It does not include the mature stalks of the plant, fiber
produced from the stalks, oil or cake made from the seeds of the
plant, any other compound, manufacture, salt, derivative, mixture
or preparation of the mature stalks (except the resin extracted
therefrom), fiber, oil or cake, or the sterilized seed of the plant
which is incapable of germination.
(p) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances of
vegetable origin, or independently by means of chemical synthesis,
or by a combination of extraction and chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or
preparation of opium or opiate.
(2) Any salt, compound, isomer, derivative or preparation
thereof which is chemically equivalent or identical with any of the
substances referred to in clause (1) of this subdivision, but not
including the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt, compound, derivative or
preparation of coca leaves, and any salt, compound, isomer,
derivative, or preparation thereof which is chemically equivalent
or identical with any of these substances, but not including
decocainized coca leaves or extractions of coca leaves which do not
contain cocaine or ecgonine.
(q) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being
capable of conversion into a drug having addiction-forming or
addiction-sustaining liability. It does not include, unless
specifically designated as controlled under section 201, article
two of this chapter, the dextrorotatory isomer of
3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It
does not include its racemic and levorotatory forms.
(r) "Opium poppy" means the plant of the species "Papaver
somniferum L.," except its seeds.
(s) "Person" means individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust,
partnership or association, or any other legal entity.
(t) "Placebo" means an inert medicament or preparation
administered or dispensed for its psychological effect, to satisfy
a patient or research subject or to act as a control in
experimental series.
(u) "Poppy straw" means all parts, except the seeds, of the
opium poppy, after mowing.
(v) "Practitioner" means:
(1) A physician, dentist, veterinarian, scientific
investigator, or other person licensed, registered, or otherwise
permitted to distribute, dispense, conduct research with respect
to, or to administer a controlled substance in the course of
professional practice or research in this state.
(2) A pharmacy, hospital, or other institution licensed,
registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance
in the course of professional practice or research in this state.
(w) "Production" includes the manufacture, planting,
cultivation, growing or harvesting of a controlled substance.
(x) "State," when applied to a part of the United States,
includes any state, district, commonwealth, territory, insular
possession thereof, and any area subject to the legal authority of
the United States of America.
(y) "Ultimate user" means a person who lawfully possesses a
controlled substance for his or her own use or for the use of a
member of his or her household or for administering to an animal
owned by him or her or by a member of his household.

NOTE: The purpose of this bill is to delete certain language
involving controlled substances by excluding compounding by an
individual for his or her own use from the definition of
"manufacture."

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.